Non RIR Discussion Only !

[lengthyLabor]

AJB back posting jobs

I predicted in last Dec. that they would begin posting ads after Jan.20 and it seems happening.

Now I see couple of jobs posted by teamexceed on AJB today and a few from 3rd and 4th Jan 2007. They are back on track. But regret Looks like they are still working on those 245(i) cases


When will my turn come ?

 

[sachv_]

My recruitment period closed on Dec 13, but yet to receive the instructions/resumes from the BEC.

you should check with your lawyer....what is the point if BEC sends you resumes after 1 month...it would make no sense since the candidates would already have ( I hope) got other jobs....
the whole process only makes sense if BEC is prompt in replying back

 

[devar]

Remandville

It is indeed nice that most of the remanded cases are showing up as RIR. Would you know the qualifications needed for your LC application. Mine was remanded as it was filed with BS + 0 ...

Well CSC didnt actually give us the reason as to why they remanded and my attorney's explanation to it was my LC was filed under the job category Software Engineer - Applications and CSC thought there was many american citizens available at that time for that job category. Also my application was filed with BS + 1 yrs exp.

 

[so_depressed]

It's hard to say what's going on with those a few ads but I firmly believe that they've passed the 245(i) case (for the recuitment instruction part) because we've seen quite many IT job posts in Nov. and Dec. Also, they used to post a couple hundreds ads on AJB a day. They should be back to more than that rate after Jan.22 (the new deadline for RIR conversion) to get all recuitment done before April 1.

Your turn will come before the Fool's day for sure. Haha

Now I see couple of jobs posted by teamexceed on AJB today and a few from 3rd and 4th Jan 2007. They are back on track. But regret Looks like they are still working on those 245(i) cases


When will my turn come ?

 

[remandedDude]

You need tonns of Luck, that is the only qualification it seems.

As we all know that BEC is processing randomly, when they entered data for remanded cases they entered the type as RIR for some lucky people and those applications are being certified as RIR

It is indeed nice that most of the remanded cases are showing up as RIR. Would you know the qualifications needed for your LC application. Mine was remanded as it was filed with BS + 0 ...

 

[cal97]

You need tonns of Luck, that is the only qualification it seems.

As we all know that BEC is processing randomly, when they entered data for remanded cases they entered the type as RIR for some lucky people and those applications are being certified as RIR

Well said. Just read devar's response. Was trying to make some sense out of this unending misery with the remanded case.

 

[cal97]

Well CSC didnt actually give us the reason as to why they remanded and my attorney's explanation to it was my LC was filed under the job category Software Engineer - Applications and CSC thought there was many american citizens available at that time for that job category. Also my application was filed with BS + 1 yrs exp.

Thanks devar!

 

[Lucky7]

2001 TR to RIR

I had my 2nd meeting with my attorney today regarding the conversion and he has decided to go ahead with it.His prior concerns,the waiting for DBEC to state PR and amendments were rectified at the last AILA meeting on the 10th and he told me that even if DBEC does not reply you can find PR yourself and put in amendments in the e-mail.With RIR you basically have to run ads for 10 consecutive days (newspaper,web,on site) and once this is done you have to wait 30 days for any replys.Once the package is complete send it off before 1st April and hope for the best.
He thinks this will probably save 3-4 months since at the OFLC meeting they are allready thinking about extending the RI date for all LC from April 1 to August 1.As far as the October 1 2007 completion date he stood by what he told me last time that DOL has an extension and funding till February 2008 and anybody who can change from TR to RIR will be worth the extra $ because there is no way 85,000 TR cases are even going to get RI s by April 1 let alone getting 145,000 cases done by October 2007.
Hope this helps and if you can convert go ahead,been with my Lawyer since 2001 and he is trustworthy.

 

[gcez]

I had my 2nd meeting with my attorney today regarding the conversion and he has decided to go ahead with it.His prior concerns,the waiting for DBEC to state PR and amendments were rectified at the last AILA meeting on the 10th and he told me that even if DBEC does not reply you can find PR yourself and put in amendments in the e-mail.With RIR you basically have to run ads for 10 consecutive days (newspaper,web,on site) and once this is done you have to wait 30 days for any replys.Once the package is complete send it off before 1st April and hope for the best.
He thinks this will probably save 3-4 months since at the OFLC meeting they are allready thinking about extending the RI date for all LC from April 1 to August 1.As far as the October 1 2007 completion date he stood by what he told me last time that DOL has an extension and funding till February 2008 and anybody who can change from TR to RIR will be worth the extra $ because there is no way 85,000 TR cases are even going to get RI s by April 1 let alone getting 145,000 cases done by October 2007.
Hope this helps and if you can convert go ahead,been with my Lawyer since 2001 and he is trustworthy.

Lucky7 - Thanks for sharing the info. "Run ads for 10 consecutive days.." - Where is this requirement laid out.. reason I am asking is.. my lawyer said the following criteria - 3 different modes, including a newspaper mode. newspaper ad to be run for 3 consecutive days and to include a sunday typically fri thru sunday and then a website ad, local journals etc spread over 3 months- but you could cover this in 1.5 months by having last week of first month and first week of third month. Plus run a internal posting for 10 consecutive days in this period.
This was what they were doing during the olden days of SWA pre-BEC era.

Does this mean this practice will change state to state but still acceptable?
I am in Ohio.

 

[N_Usr]

DOL certified my remanded case.

Guys,

After struggling for almost five years, finally DOL certified my case.

Priority Date: July 2002
State: CA
Processing Type: RIR

July 2003 DOL sent a letter to my employer stating that my wage is less than DOL’s prevailing and gave three options. Employer opted RIR to TR option.

Lawyer received 45 days letter in December 2005 and responded to the letter in Jan 2006

Some time in November I educated my lawyer about TR - RIR conversion and convinced him to send a letter/form requesting DOL to convert my application back to RIR as we already did the recruitment efforts and the wage mentioned in the labor certification application does meet with current DOL prevailing wage.

Checked the status online on January 11th 2007 and my case processing type was mentioned as RIR

I just checked the status (January 12th 2006) and it says CERTIFIED.

I am not sure if the letter sent by my lawyer did the trick. If your application got remanded because of prevailing wage and if the wage mentioned in the application meets with DOL’s current prevailing wage then your case might get certified. Even if DOL sends your employer RI instructions still you can ask your lawyer to contact DOL and tell them the situation (This is what my lawyer and I planned to do if we receive RI).

I wish and pray that DOL certifies all the pending Labor applications ASAP.

 

[so_depressed]

A Guess

It seems very likely that BECs are using almost all hands to process the RIR or remanded cases quickly. Just look at how many cases got certified on these threads. A lot of RIR cases of both EB2 / EB2 filed during mid 2004 got certified. In the meantime, almost no ads posted on AJB. So I'm guessing that they are trying to finish all cases other than NON-RIR first before turning their attention to NON-RIR cases.

 

[bpc2001]

There has been some discussions in my company. Here is my conclusion. If you case shows RIR type, there are 2 reasons:
1. It has been RIR all the time.
2. You did a conversion and it worked.

2 people in my company reported that their status was TR on Jan. 10 but became RIR on Jan. 11. This means that the conversion worked. They filed conversion in early December. Well, I am not the lucky one. Since my attorney is really bad, my conversion was filed only after new year. So if any of you have conversion filed in early December, do expect that your type to be RIR soon.

In both cases, I think your case will be certified soon.

 

[remandedDude]

Thanks for posting this info, i have one question:
Does that mean the status will updated to RIR after we submit the RIR recruitment report or after sending an email with intend to convert, probably the first one

There has been some discussions in my company. Here is my conclusion. If you case shows RIR type, there are 2 reasons:
1. It has been RIR all the time.
2. You did a conversion and it worked.

2 people in my company reported that their status was TR on Jan. 10 but became RIR on Jan. 11. This means that the conversion worked. They filed conversion in early December. Well, I am not the lucky one. Since my attorney is really bad, my conversion was filed only after new year. So if any of you have conversion filed in early December, do expect that your type to be RIR soon.

In both cases, I think your case will be certified soon.

 

[remandedDude]

Do you know how to find Prevailing Wage for a given job, any pointers on this would help.
thanks
RD

I had my 2nd meeting with my attorney today regarding the conversion and he has decided to go ahead with it.His prior concerns,the waiting for DBEC to state PR and amendments were rectified at the last AILA meeting on the 10th and he told me that even if DBEC does not reply you can find PR yourself and put in amendments in the e-mail.With RIR you basically have to run ads for 10 consecutive days (newspaper,web,on site) and once this is done you have to wait 30 days for any replys.Once the package is complete send it off before 1st April and hope for the best.
He thinks this will probably save 3-4 months since at the OFLC meeting they are allready thinking about extending the RI date for all LC from April 1 to August 1.As far as the October 1 2007 completion date he stood by what he told me last time that DOL has an extension and funding till February 2008 and anybody who can change from TR to RIR will be worth the extra $ because there is no way 85,000 TR cases are even going to get RI s by April 1 let alone getting 145,000 cases done by October 2007.
Hope this helps and if you can convert go ahead,been with my Lawyer since 2001 and he is trustworthy.

 

[bpc2001]

I am sure that nothing will happen if you just send email. After the report is submitted, they will review it and change it to RIR if the conversion is approved.

Thanks for posting this info, i have one question:
Does that mean the status will updated to RIR after we submit the RIR recruitment report or after sending an email with intend to convert, probably the first one

 

[gcwhenever]

my case was originally filed as RIR in Dec 2004. Since then it was closed twice due to mistakes on DOL's part (claimed they didnt receive 45 day letter when they did), but reinstated.

Now today my (lying crooked) lawyer tells me that he is going to convert it to RIR. I am surprised to hear this since it was originally filed as RIR (that I know for a fact because I saw the original application). Could he have filed it as non-RIR when he responded to the 45 day letter without informing me?

Or somehow did DOL do this during the wrong closure?

I am trying to see if my lawyer once again deliberately screwed things up to delay my case (and hence my leaving the company), so I can point it out to my employer.

anyone have any knowledge about this? pls let me know - thanks!

 

[samsharma]

check your application status online

my case was originally filed as RIR in Dec 2004. Since then it was closed twice due to mistakes on DOL's part (claimed they didnt receive 45 day letter when they did), but reinstated.

Now today my (lying crooked) lawyer tells me that he is going to convert it to RIR. I am surprised to hear this since it was originally filed as RIR (that I know for a fact because I saw the original application). Could he have filed it as non-RIR when he responded to the 45 day letter without informing me?

Or somehow did DOL do this during the wrong closure?

I am trying to see if my lawyer once again deliberately screwed things up to delay my case (and hence my leaving the company), so I can point it out to my employer.

anyone have any knowledge about this? pls let me know - thanks!

You can check your application case type (RIR or NON-RIR) at this web site http://pds.pbls.doleta.gov/pbls_pds.cfm. You need the case no assigned by backlog center i.e. D-05138-xxxxx.

Hope this helps.

 

[coolz]

gcwhenever:
i think your case might have remanded or sent to state and converted to TR.
my case was remanded and sent to state and converted as TR. i first applied as RIR. in that case there would be nothing to do with lawyer.
since its been backlogged now they trying to push all these TR to convert to RIR again as it has been few years now.
your pd is 2004 but mine is 2001.
i'm still waiting and saw TR this week. i applied as RIR also.

i heard no matter what dol is trying all the cases to convert from TR to RIR and i've been seeing whoever converted has been certified sooner.

i'm discussing with my lawyer currently until the deadline is jan. 20.

what a pain?
good luck for all of us.

 

[gcwhenever]

gcwhenever:
i think your case might have remanded or sent to state and converted to TR.
my case was remanded and sent to state and converted as TR. i first applied as RIR. in that case there would be nothing to do with lawyer.
since its been backlogged now they trying to push all these TR to convert to RIR again as it has been few years now.
your pd is 2004 but mine is 2001.
i'm still waiting and saw TR this week. i applied as RIR also.

i heard no matter what dol is trying all the cases to convert from TR to RIR and i've been seeing whoever converted has been certified sooner.

i'm discussing with my lawyer currently until the deadline is jan. 20.

what a pain?
good luck for all of us.

coolz, thanks for your detailed answer.
what exactly is remanded, and why did remanding change it to TR? are you sure lawyer had nothing to do with it? how did he realize it had remanded and converted to TR?

I truly feel sorry for you guys from so far back

to be honest every time I fell depressed I come to this site and look at cases like yours, and feel I am not suffering compared to you.

Pray to God for a miracle with the Democrats this year that happens quickly.
I feel so angry when I see this Agjobs bill introduced - they are legalizing illegals, but dont care two cents about us, who pay their Medicare and Social security.
is there no justice in this world? if they get legalized we should be given immediately green cards or even citizenship

 

[hingo]

Do you guys know if the status change after sending the intent to convert to RIR or after sending the Advertisement details? If so after ho much time. Please post your experience